Corey L. Wheir - Page 15

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          disallowed expenses petitioner claimed for supplements, which               
          included buffalo meat consumed daily, shake drinks of vitamins              
          for energy and body enhancing effects, and various skin or body             
          applications to enhance petitioner's physical appearance as a               
          competitive bodybuilder.                                                    
               Under section 262, a taxpayer is not allowed deductions for            
          personal, living, or family expenses.  Petitioner was engaged in            
          a trade or business activity, and the expenses he incurred that             
          were ordinary and necessary to that activity are deductible under           
          section 162.  The peculiarity of petitioner's business activity             
          is that it included expenses for things that are generally                  
          considered personal.  As the Court noted in Hynes v.                        
          Commissioner, 74 T.C. 1266, 1289 (1980), resolution of such                 
          issues requires a reconciliation of sections 262 and 162.  In               
          Commissioner v. Heininger, 320 U.S. 467 (1943), the Court held              
          that whether expenses are ordinary and necessary business                   
          expenses and, therefore, deductible is a question of fact, and              
          the taxpayer has the burden of demonstrating that the purpose of            
          an expenditure is primarily business rather than personal, and              
          that the business in which the taxpayer is engaged benefited or             
          was intended to be benefited by the expenditure.  In numerous               
          cases, the courts have decided that, where a business wardrobe              
          was a necessary condition for employment, costs for the wardrobe            
          are generally not deductible under section 262 under the general            





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